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UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIA-NORFOLK DIVISION-

UNITED STATES OF AMERICA,

Plaintiff,

v.

WASTE INDUSTRIES USA, INC.,

Defendant.

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Civil No. 2:05 CV 468

Filed: November 2, 2005

Judge: Friedman

UNITED STATES' CERTIFICATE OF COMPLIANCE WITHPROVISIONS OF THE ANTITRUST PROCEDURES AND PENALTIES ACT

The United States hereby certifies that it has complied with the provisions of the Antitrust
Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) ("APPA"), and states:

1. The Complaint, proposed Final Judgment, Stipulation, and Competitive Impact
Statement were filed with this Court on August 8, 2005.

2. Pursuant to 15 U.S.C. § 16(b), the proposed Final Judgment and the Competitive
Impact Statement were published in the Federal Register on October 18, 2005 (70 Fed. Reg.
48590). A copy of the Federal Register notice is attached as Exhibit A.

3. Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Final
Judgment and Competitive Impact Statement were published on seven (7) consecutive days
running from August 13, 2005 through August 19, 2005 in The Washington Post, a newspaper of
general circulation in the District of Columbia and in The Virginian-Pilot, a newspaper of general
circulation in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach,
Virginia. Copies of the certificate of publication from The Washington Post and from The
Virginian-Pilot, respectively, are attached as Exhibit B.

4. The 60-day comment period specified in 15 U.S.C. § 16(b) commenced on August
18, 2005 and terminated on October 17, 2005.

5. During the 60-day comment period, the United States received no comments from
members of the public concerning the proposed Final Judgment.

6. Pursuant to 15 U.S.C. § 16(b), the United States furnished copies of the proposed
Final Judgment and Competitive Impact Statement to anyone requesting them.

7. On August 15, 2005, the defendant complied with the requirement of 15 U.S.C. §
16(g) when the defendant filed with the Court a statement indicating that it had not had any
communications concerning the proposed Final Judgment that were reportable under 15 U.S.C.
§16(g).

8. With these steps having been taken, the parties have satisfied their obligations
under the APPA. Pursuant to the Stipulation filed on August 8, 2005, and 15 U.S.C. § 16(e), the
Court may now enter the Final Judgment without further hearings, if it determines that entry of
the Final Judgment is in the public interest. For the reasons set forth in the Competitive Impact
Statement, the United States believes that the proposed Final Judgment satisfies the public
interest standard of 15 U.S.C. § 16(e). The United States therefore requests
that this Court enter the Final Judgment without further hearings.

I hereby certify that a copy of the foregoing was served upon Waste Industries USA, Inc.
by placing a copy of this Certificate of Compliance with Provisions of the Antitrust Procedures
and Penalties Act in the U.S. Mail, first class and postage prepaid, directed to the addresses given
below, this 1st day of November, 2005: